Section 33-32-108 - Enforcement(1)(a) Every peace officer, as defined in this section, has the authority to enforce the provisions of this article and in the exercise of such authority is authorized to stop and board any vessel.(b) As used in this section, "peace officer" means any division of parks and wildlife officer or any sheriff or city and county law enforcement officer certified by the peace officers standards and training board pursuant to part 3 of article 31 of title 24, C.R.S.(2)(a) Any actual expenses incurred by a governmental entity for backcountry search and rescue efforts stemming from any river running activity conducted for consideration by a river outfitter pursuant to this article 32 shall be reimbursed by said river outfitter. Such expenses shall include but not be limited to hours worked, fuel, a reasonable fee for use of equipment, and equipment repair or replacement costs, if any.(b) Pursuant to subsection (2)(a) of this section, any expenses incurred by governmental entities stemming from backcountry search and rescue efforts that are reimbursed by a river outfitter shall be distributed as follows:(I) If to local law enforcement agencies, on a pro rata basis in proportion to the amount of assistance rendered thereby;(II) If to the division of parks and wildlife, one-half of the moneys shall be credited to the parks and outdoor recreation cash fund, created in section 33-10-111, and one-half shall be credited to the wildlife cash fund, created in section 33-1-112.(III) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1393, § 24, effective July 1, 2011.)(3)(a)(I) If an authorized representative of the division conducts an inspection or investigation and determines that any provision of this article or any regulation promulgated pursuant to this article has been violated and that such violation creates or may create an emergency condition which may have a significant adverse effect on the health, safety, or welfare of any person, then such authorized representative shall immediately issue an order to the violating party to cease and desist the violating activity.(II) Any order issued pursuant to this paragraph (a) shall set forth:(A) The section of this article or the regulation promulgated pursuant to this article allegedly violated;(B) The factual basis for the allegation of a violation; and(C) A mandate that all violating activities cease immediately.(III)(A) The recipient of any cease and desist order issued pursuant to this paragraph (a) may request a hearing to determine whether a violation of this article or of any regulation promulgated pursuant to this article has actually occurred if such request is made in writing within thirty days after the date of the service of the cease and desist order.(B)[Editor's note: For the applicability of this subsection (3)(a)(III)(B) on or after January 1, 2025, see the editor's note following this section.] Any hearing conducted pursuant to this subsection (3)(a)(III) shall be in accordance with section 33-32-109 (3) and (4).(b) If a person fails to comply with a cease and desist order issued pursuant to paragraph (a) of this subsection (3), the director may request the attorney general or the district attorney for the judicial district in which the alleged violation occurred to bring an action for a temporary restraining order and for injunctive relief to enforce such cease and desist order.(c) No stay of a cease and desist order may be issued until a hearing at which all parties are present has been held.Amended by 2024 Ch. 150,§ 6, eff. 8/7/2024, app. to licenses issued, applications submitted, and conduct occurring on or after 1/1/2025.Amended by 2021 Ch. 358, § 8, eff. 6/27/2021.L. 84: Entire article added, p. 930, § 1, effective May 9. L. 94: Entire section amended, p. 1229, § 7, effective July 1. L. 2011: (1)(b), IP(2)(b), (2)(b)(II), and (2)(b)(III) amended, (SB 11-208), ch. 1393, p. 1393, § 24, effective July 1. L. 2012: (1)(b) amended, (HB 12-1283), ch. 1136, p. 1136, § 54, effective July 1. L. 2021: (2)(a) and IP(2)(b) amended, (SB 21-245), ch. 2339, p. 2339, § 8, effective June 27.Section 8(2) of chapter 150 (SB 24-161), Session Laws of Colorado 2024, provides that the act changing this section applies to licenses issued, applications submitted, and conduct occurring on or after January 1, 2025.
2024 Ch. 150, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in the 2012 act amending subsection (1)(b), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in SB 21-245, see section 1 of chapter 358, Session Laws of Colorado 2021.